Trucking accidents in Texas are a continual problem that take a big toll in human loss, suffering and the destruction of family units. Truck accidents that occur on older, two-lane highways, are particularly frustrating. An example of that occurred this past weekend on State Highway 22 near the town of Hillsboro.
This accident was atypical in that the truck driver was apparently the innocent victim, and was also seriously injured. He was heading east on the road when a 32-year-old male driving an SUV in a westward direction pulled out to pass another westbound vehicle. That is a dangerous move on a two-lane highway, and it must always be done with the utmost care and vigilance for vehicles coming in the opposite direction.
The SUV driver went head-on into an oncoming concrete-mixing truck. The violent crash resulted in the SUV driver's death. In this somewhat unusual case, the trucker was likely not negligent and was the innocent victim, based on the facts reported.
The trucker reportedly suffered "incapacitating" injuries and was taken to a hospital in Waco, according to police. At the same time, police said that their investigation would continue. If the facts have been accurately reported, the trucker is entitled to make a claim for damages for his personal injuries against the estate of the deceased SUV driver.
Texas law allows the victim in truck accidents and other vehicular accidents to claim damages for lost wages, medical expenses, pain, suffering and loss of life's pleasures against the estate of the deceased SUV driver. A claim may be made for loss of earning capacity if there is a partial or full disability that is permanent. In that event, the claimant can recover for the losses that he will sustain over the remainder of his life due to the full or partial inability to work.
Source: kwtx.com, "Hillsboro fatal accident victim identified", May 6, 2017